A05422 Memo:

NEW YORK STATE ASSEMBLYMEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)

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BILL NUMBER: A5422
SPONSOR: Murray
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TITLE OF BILL: An act to amend the education law and the executive
law, in relation to providing for single-sex multiple occupancy bathroom
and changing facilities in schools and public bathrooms
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PURPOSE:
The purpose of this bill is to ensure that people are using public
facilities that fit their anatomical makeup.
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SUMMARY OF PROVISIONS:
Section 1 of this bill amends section 1804 of the education law is
amended by adding a new subdivision 13 to read as follows:
The board of education shall require every multiple occupancy bathroom
or changing facility that is designated for student use to be designated
for and used only by students based on their biological sex. For
purposes of this subdivision, the following definitions apply: (i)
"Biological sex" shall mean the physical condition of being male or
female, which is stated on a person's birth certificate. (ii) "Multiple
occupancy bathroom or changing facility" shall mean a facility designed
or designated to be used by more than one person at a time where
students may be in various states of undress in the presence of other
persons. A multiple occupancy bathroom or changing facility may include,
but is not limited to, a school restroom, locker room, changing room or
shower room. (iii) "Single occupancy bathroom or changing facility"
shall mean a facility designed or designated to be used by only one
person at a time where students may be in various states of undress. A
single occupancy bathroom or changing facility may include, but is not
limited to, a single stall restroom designated as unisex or for use
based on biological sex. b. Nothing in this subdivision shall prohibit
boards of education from providing accommodations such as single occu-
pancy bathroom or changing facilities or controlled use of faculty
facilities upon a request due to special circumstances, but in no event
shall that accommodation result in the board of education allowing a
student to use a multiple occupancy bathroom or changing facility desig-
nated under this subdivision for a sex other than the student's biolog-
ical sex. This subdivision does not apply to: (i) persons entering a
multiple occupancy bathroom or changing facility designed for use by the
opposite sex: A. for custodial purposes; B. for maintenance or
inspection purposes; C. to render medical assistance; D. to accompany a
student needing assistance when the assisting individual is an employee
or authorized volunteer of the board of education or the student's
parent or authorized caregiver; E. to receive assistance in using the
facility; F. to accompany a person other than a student needing assist-
ance; or G. that has been temporarily designated for use by that
person's biological sex; and (ii) any private sector business or entity.
Section 2 of this bill would amend section 2503 of the education law by
adding a new subdivision 21 to read as follows:
a. Shall require every multiple occupancy bathroom or changing facility
that is designated for student use to be designated for and used only by
students based on their biological sex. For purposes of this subdivi-
sion, the following definitions apply: (i) "Biological sex" shall mean
the physical condition of being male or female, which is stated on a
person's birth certificate. (ii) "Multiple occupancy bathroom or chang-
ing facility" shall mean a facility designed or designated to be used by
more than one person at a time where students may be in various states
of undress in the presence of other persons. A multiple occupancy bath-
room or changing facility may include, but is not limited to, a school
restroom, locker room, changing room or shower room. (iii) "Single occu-
pancy bathroom or changing facility" shall mean a facility designed or
designated to be used by only one person at a time where students may be
in various states of undress. A single occupancy bathroom or changing
facility may include, but is not limited to, a single stall restroom
designated as unisex or for use based on biological sex. b. Nothing in
this subdivision shall prohibit boards of education from providing
accommodations such as single occupancy bathroom o r changing facilities
or controlled use of faculty facilities upon a request due to special
circumstances, but in no event shall that accommodation result in the
board of education allowing a student to use a multiple occupancy bath-
room or changing facility designated under this subdivision for a sex
other than the student's biological sex. c. This subdivision does not
apply to: (i) persons entering a multiple occupancy bathroom or changing
facility designed for use by the opposite sex: A. for custodial
purposes; B. for maintenance or inspection purposes; C. to render
medical assistance; D. to accompany a student needing assistance when
the assisting individual is an employee or authorized volunteer of the
board of education or the student's parent or authorized caregiver; E.
to receive assistance in using the facility; F. to accompany a person
other than a student needing assistance; or G. that has been temporarily
designated for use by that person's biological sex; and (ii) any private
sector business or entity.
Section 3 of this bill would amend section 2554 of the education law by
adding a new subdivision 28 to read as follows:
a. Shall require every multiple occupancy bathroom or changing facility
that is designated for student use to be designated for and used only by
students based on their biological sex. For purposes of this subdivi-
sion, the following definitions apply: (i) "Biological sex" shall mean
the physical condition of being male or female, which is stated on a
person's birth certificate. (ii) "Multiple occupancy bathroom or chang-
ing facility" shall mean a facility designed or designated to be used by
more than one person at a time where students may be in various states
of undress in the presence of other persons. A multiple occupancy bath-
room or changing facility may include, but is not limited to, a school
restroom, locker room, changing room or shower room. (iii) "Single occu-
pancy bathroom or changing facility" shall mean a facility designed or
designated to be used by only one person at a time where students may be
in various states of undress. A single occupancy bathroom or changing
facility may include, but is not limited to, a single stall restroom
designated as unisex or for use based on biological sex. b. Nothing in
this subdivision shall prohibit boards of education from providing
accommodations such as single occupancy bathroom or changing facilities
or controlled use of faculty facilities upon request due to special
circumstances, but in no event shall that accommodation result in the
board of education allowing a student to use a multiple occupancy bath-
room or changing facility designated under this subdivision for a sex
other than the student's biological sex. c. This subdivision does not
apply to: (i) persons entering a multiple occupancy bathroom or changing
facility designed for use by the opposite sex: A. for custodial
purposes; B. for maintenance or inspection purposes; C. to render
medical assistance; D. to accompany a student needing assistance when
the assisting individual is an employee or authorized volunteer of the
board of education or the student's parent or authorized caregiver; E.
to receive assistance in using the facility; F. to accompany a person
other than a student needing assistance; or G. that (ii) any private
sector business or entity.
Section 4 of this bill amends the education law by adding a new section
319 to read as follows:
Single-sex multiple occupancy bathroom and changing facilities. The
board of trustees of the state university of New York and the trustees
of the city university of New York are authorized to promulgate rules or
policies requiring every state university of New York and city universi-
ty of New York, including all their constituent units including communi-
ty colleges, to ensure that multiple occupancy bathrooms or changing
facilities that are designated for use, be designated for and used only
by persons based on their biological sex. For purposes of this section,
the following definitions apply:
(a) "Biological sex" shall mean the physical condition of being male or
female, which is stated on a person's birth certificate. (b) "Multiple
occupancy bathroom or changing facility" shall mean a facility designed
or designated to be used by more than one person at a time where persons
may be in various states of undress in the presence of other persons. A
multiple occupancy bathroom or changing facility may include, but is not
limited to, a restroom, locker room, changing room or shower room. (c)
"Single occupancy bathroom or changing facility" shall mean a facility
designed or designated to be used by only one person at a time where
person s may be in various states of undress. A single occupancy bath-
room or changing facility may include, but is not limited to, a single
stall restroom designated as unisex or for use based on biological sex.
2. Nothing in this section shall prohibit the board of trustees of the
state university of New York and the trustees of the city university of
New York from promulgating rules or policies that provide accommodations
such as single occupancy bathroom or changing facilities upon a request
due to special circumstances, but in no event shall that accommodation
result in allowing a person to use a multiple occupancy bathroom or
changing facility designated under this section for a sex other than the
student's biological sex. This section does not apply to: (a) persons
entering a multiple occupancy bathroom or changing facility designed for
use by the opposite sex: (i) for custodial purposes; (ii) for mainte-
nance or inspection purposes; (iii) to render medical assistance; (iv)
to accompany a person needing assistance; (v) for a minor under the age
of seven who accompanies a person caring for that minor; or (vi) that
has been temporarily designated for use by that person's biological sex;
and
(b) any private sector business or entity.
Section 5 of this bill would amend the executive law by adding a new
section 170-c to read as follows:
Single-sex multiple occupancy bathroom and changing facilities. 1. For
purposes of this section, the following definitions shall apply: (a)
"Biological sex" shall mean the physical condition of being male or
female, which is stated on a person's birth certificate. (b) "State
agency" shall mean any department of the executive, any bureau, commis-
sion, agency, board or other agency, any public authority, and the judi-
ciary and the legislature. (c) "Multiple occupancy bathroom or changing
facility" shall mean a facility designed or designated to be used by
more than one person at a time where persons may be in various states of
undress in the presence of other persons. A multiple occupancy bathroom
or changing facility may include, but is not limited to, a school rest-
room, locker room, changing room or shower room. (d) "Single occupancy
bathroom or changing facility" shall mean a facility designed or desig-
nated to be used by only one person at a time where persons may be in
various states of undress. A single occupancy bathroom or changing
facility may include, but is not limited to, a single stall restroom
designated as unisex or for use based on biological sex. 2. State agen-
cies shall require every multiple occupancy bathroom or changing facili-
ty to be designated for and only used by persons based on their biolog-
ical sex. 3. Nothing in this section shall prohibit state agencies from
providing accommodations such as single occupancy bathroom or changing
facilities upon a person's request due to a special circumstance, but in
no event shall that accommodation result in the state agency allowing a
person to use a multiple occupancy bathroom or changing facility desig-
nated under this section for a sex other than the person's biological
sex. 4. This section does not apply to: (a) persons entering a multiple
occupancy bathroom or changing facility designed for use by the opposite
sex: (i) for custodial purposes; (ii) for maintenance or inspection
purposes; (iii) to render medical assistance; (iv) to accompany a person
needing assistance; (v) for a minor under the age of seven who accompa-
nies a person caring for that minor; or (vi) that has been temporarily
designated for use by that person's biological sex; and (b) any private
sector business or entity.
Section 6 is the effective date.
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JUSTIFICATION:
Many people are not comfortable sharing a public restroom or other
public facility with a person who has an anatomical makeup of the oppo-
site sex. This bill protects those people who reasonably believe that
allowing people of the opposite biological sex into spaces would be an
assault on their dignity, privacy, and in some cases, their safety.
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LEGISLATIVE HISTORY:
A.10127 of 2015/16 - Referred to Governmental Operations
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FISCAL IMPLICATIONS:
None.
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EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.